When it comes to defamation, the distinction between public figures and lesser-known individuals is very important, but what makes a public figure?
There’s a good chance most people who work in sports or entertainment are public figures, however, there is no guarantee they are considered as such. This is something that Jerry Heller, the former manager of seminal hip-hop group N.W.A., is attempting to argue. People may know who he is, and he may be connected to such definite public figures as Ice Cube and Dr. Dre, but does that make Heller a public figure himself? He doesn’t think so, according to The Hollywood Reporter, and for him that distinction is very important right now. Heller is currently in the midst of a defamation lawsuit against NBCUniversal, Dr. Dre, Ice Cube and other defendants, something he alluded to in an interview with White Label Radio.
Heller has been arguing that he is not a public figure, a very important point in any defamation lawsuit. This is because the standards for proving defamation are different for public figures than they are for other people. For most people a defamation lawsuit hinges on negligence, while for public figures the burden is higher – actual malice. What exactly is it that makes someone a public figure?
Public figure status is unclear, but there are some hints
One thing we know for sure is who is and is not considered a public figure, but there’s a gray area as far as when someone achieves this status. However, as far as why the burden of proof on them is higher, though, is a bit more apparent. Gertz v. Welch established two reasons why public figures must prove actual malice.
The first is an individual’s access to the media. Public figures, the court argued, have significantly more access to mainstream communication channels than private figures do. This sort of access makes it easier for public figures to rebut potentially defamatory statements made against them. In addition, the court noted that public figures have assumed an increased risk of injury by placing themselves in the spotlight. It can be assumed, then, that public figures are individuals with access to the media who have some sort of space in the spotlight.
Different types of public figures
The court also outlined three different types of public figures. They are as follows:
General public figures: These individuals have voluntarily placed themselves in the public view.
Limited-purpose public figures: This sort of public figure is someone who has thrust him or herself into the spotlight for a specific reason, such as addressing a controversy. A good example may be Kim Davis, the county clerk for Rowan County, Kentucky who refused to issue marriage certificates to same-sex couples.
Involuntary public figures: It is not as clear who exactly, these individuals may be, but suffice to say they’re rarely the focal point of defamation cases. These individuals did not voluntarily assume the risk of injury that comes with being in the spotlight, but are in public view for one reason or another.
The case-by-case nature of public figures
Public figure status is usually determined on a case-by-case basis. There is a concern about placing too many people in the public figure category, and making it too easy for defendants to shut down defamation lawsuits. Local notoriety, for instance, does not necessarily mean someone is a public figure. The spotlight should shine on something closer to a national basis. A semi-professional football player, for instance, may not be considered a public figure though he may be known to many people within the region his team represents. However, someone who plays football in the NFL is most likely a public figure, due to his national prominence.
What Business Owners Get Wrong Before Meeting a Litigation Attorney
What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract
Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Can You Own Part of a New Jersey Business Without a Written Agreement?
Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One
For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Monmouth County's Next Development Wave: What Developers and Investors Need to Know
Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Are Your Conversations with AI Shielded from Discovery? Courts Are Split
Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
